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1. Form 29 - Criminal legal aid - Termination of assignment payment request form - fixed fees / complex cases [pdf, 114 KB]

   ...you will also need to submit a separate invoice in order to receive payment. Name of aided person Name of lead provider Name of law firm Applicable fee schedule A-C D-F G H-I J Court location Details of work/ handover Please give details of the work completed prior to termination of assignment and reasons to support payment of either: (a) termination of assignment fee (for Schedules A–C, G and J), or (b) appropriate fee(s) for completed activities (for Sc...

2. Duty lawyer roster selection criteria [pdf, 49 KB]

   ...knowledge of common offences, eg, Crimes Act 1961, Summary Offences Act, Land Transport Act 1998 Familiar with legislation frequently relevant to criminal proceedings, eg, Bail Act 2000, Sentencing Act 2002 Understands the Court’s procedures from plea through to resolution Advises defendant appropriately and explains possible outcomes Completes instruction sheets effectively – logical, relevant and sets out effective argument/ submissions, including reference to other m...

3. New three strikes laws take effect

   ...some judicial discretion when an offender is facing any mandatory consequence, to avoid manifestly unjust outcomes and address outlier cases; sets out principles and guidance to help the court apply the new law; and allows a limited benefit for guilty pleas to avoid re-traumatising victims, and to reduce court delays. As a part of the reinstatement of the law, some warnings that were given under the former three strikes law between 1 June 2010 and 16 August 2022 can be reactivated. If individu...

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4. Auckland Standards Committee v Whale [2014] NZLCDT 22 [pdf, 89 KB]

   ...matter that may affect eligibility to practise) that criminal charges had been laid against him by the Serious Fraud Office (“SFO”) and the Financial Markets Authority (“FMA”). [14] Mr Whale was acquitted in respect of the SFO charges. He pleaded guilty to, and was convicted of the seven charges preferred by the FMA. [15] Mr Whale was sentenced in the High Court on 14 June 2013 to 12 months home detention, 250 hours community work and reparation of $75,000. Submissions fo...

5. Auckland Standards Committee v RDM [2015] NZLCDT 26 [pdf, 100 KB]

   ...practitioner of that distinction in the repeated steps that he took to resolve the issue of fees and distribution of the funds. [51] The Tribunal finds that the practitioner has accepted the charge and that Counsel for the practitioner has made a valiant plea in mitigation. 12 [52] The Tribunal has considered that plea and has considered the complicated factual situation together with the difficult family dynamics which the practitioner faced along with his wish to resolve matte...

6. Auckland Standards Committees 2 and 3 v Mason [2019] NZLCDT 5 [pdf, 89 KB]

   ...March 2019 COUNSEL Mr R McCoubrey and Ms E Mok for the Standards Committees Mr A Jackson for the Practitioner 2 RESERVED DECISION PROVIDING REASONS FOR ORDERS MADE ON 19 FEBRUARY 2019 Introduction [1] Mr Mason has pleaded guilty to two charges of misconduct. One of these relates to his acting in a situation where there was a clear conflict of interest and duty. [2] The second charge relates to Mr Mason’s non-compliance with previous cost and compe...

7. [2025] NZLCDT 22 Waikato Bay of Plenty Standards Committee 2 v Wong (14 April 2025) [pdf, 146 KB]

   ...far as it goes, but he did so in the face of cast-iron evidence against him. Even so, Mr Wong appears today still in denial of plain facts. We do not believe, for example, that he can have forgotten forging the fictitious documents. His early pleas for more time to respond occurred in the face of a well-constituted complaint. We regard his stance as avoidant and unconvincing. [7] Mr Wong was admitted in 2017. Although, in this decision, we do not weigh against him other allegat...

8. Masson v REAA & Damerell, Aikin, Lafferty [2013] NZREADT 26 [pdf, 64 KB]

   ...opportunity and that was her strategy. [37] There was cross-examination as to whether the place of the appellant in the auction room was inconspicuous; but that seems academic because the auctioneer says that he saw her and directed to her many of his pleas to bid. [38] In the course of cross-examination the appellant candidly stated, inter alia, “I didn’t want to be made to bid before I was ready to bid”. She also seemed to accept that because she had made it clear to Ms Aik...

9. What happens next [pdf, 2.7 MB]

   ...it’s decided if people have broken the law or rules You’ll only have to go to court if the accused or defendant (the person the Police say has broken the law) says they didn’t do what you or the Police say they did. This is called a not guilty plea or Judge Alone Trial (a trial). There are a few things you’ll need to know if you’re going to court because it’s a place where mostly adults go. It’s a very big place and can be a bit scary or confusing for young people (and...

10. File keeping [pdf, 104 KB]

    ...orders or directions made, and the time involved. ☐ Receipts, records of disbursements and expenditure. ☐ Records of all time spent by the provider and any other providers or non-lawyers. ☐ Any client instructions. Especially in respect to plea, election of Judge Alone Trial or election of a Jury Trial, acceptance or otherwise of any Sentence Indication, and acceptance or otherwise of the Summary of Facts. ☐ Any advice provided to the client in writing. ☐ The stage the ma...